Chapter 901:6-7 Packaging and Pricing of Food and Nonfood Products

(A)
Definitions. As used in this rule, the following words
and phrases shall have the following meanings:

(1)
"Buyer" means
both the actual and prospective purchaser, but does not include persons
purchasing for resale.

(2)
"Contract" means all of the collective written
agreements subscribed by a buyer at the time of sale relating to the purchase
of a home food service plan, except promissory notes or other financing
agreements.

(3)
"Food item" means each edible product sold as part of a
home food service plan, including but not limited to, each constituent part or
kind of meat cut from a primal source, each kind of whole poultry or poultry
part, seafood products, and other like products.

(4)
"Home food
service plan" means the offering for sale to a consumer, in the consumer's
home, any food item, or food item in combination with any non-food item and/or
services, whether or not a membership fee or similar charge is
involved.

(5)
"Non-food item" means each inedible product sold as
part of a home food service plan, including but not limited to, paper products,
health and beauty products, detergents, cleaners and disinfectants, rolls of
wrapping, and like products. The term does not include food items and durable
consumer goods such as appliances.

(7)
"Seller" means any person, partnership, corporation, or
association, however organized, engaged in the sale of a home food service
plan.

(8)
"Service charge" means the total price for any
additional features, services, and processing associated with the purchase of a
home food service plan, whether stated in terms of membership fees or
otherwise.

(9)
"Unit price" means the price of a food or non-food item
sold as part of a home food service plan, computed to the nearest tenth of one
cent when less than one dollar, and to the nearest cent when one dollar or
more. The unit price, exclusive of any service charge(s), shall be expressed in
terms of the price per unit of weight, measure, or count set forth in the
"Uniform Pricing Regulation" in the current edition of NIST Handbook
130.

(3)
When
selling berries, and small fruits and fresh vegetables by volume in measure
containers, whether or not covered, the measure containers themselves shall not
be packages for labeling purposes.

(4)
Method of sale of berries, small fruits,
and fresh vegetables. This applies to the sale of berries, fresh fruits, and
vegetables. There are two tables, one for specific commodities and one for
general commodity groups. Search the specific list first to see if the
commodity is specified. If the commodity is not listed find the general group
in the second table. The commodity may be sold by any method of sale marked
with an "X".

Specific Commodity

Weight

Count

Head or Bunch

Dry measure (any size)

Dry measure (1 dry qt or larger)

Artichokes

X

X

Asparagus

X

X

Avocados

X

X

Bananas

X

X

Beans (green, yellow, etc)

X

X

Brussels sprouts (loose)

X

X

X

Brussels sprouts (on stalk)

X

Cherries

X

X

X

Coconuts

X

X

Sweet corn / corn on the cob

X

X

Cranberries

X

X

X

Dates

X

X

Eggplant

X

X

Figs

X

X

Grapes

X

X

Kohlrabi

X

X

X

X

X

Melons (cut pieces)

X

Mushrooms (small)

X

X

X

Mushrooms (Portobello, large)

X

X

Okra

X

X

X

Peas

X

X

X

Peppers (bell and other varieties)

X

X

X

X

Pineapples (cored or whole)

X

X

Rhubarb

X

X

Tomatoes

X

X

X

X

General Commodity Groups

Weight

Count

Head or Bunch

Dry measure (up to any size)

Dry measure (1 dry qt or larger)

Berries (all)

X

X

Citrus fruits (oranges, grapefruit, lemons, limes,
etc)

X

X

X

Edible bulbs (onions, garlic, leeks, etc)

X

X

X

X

X

Edible tubers (Irish or sweet potatoes, ginger,
horseradish, etc)

X

X

X

X

Flower vegetables (broccoli, cauliflower, brussels
sprouts, etc)

X

X

Gourd vegetables (cucumbers, squash, melons, pumpkins,
etc)

X

X

X

Leaf vegetables (head lettuce, cabbage, celery,
etc)

X

X

Leaf vegetables (parsley, herbs, loose picked
greens)

X

X

X

Stone fruits (peaches, plums, prunes, etc)

X

X

X

Pome fruits (apples, pears, mangoes, etc)

X

X

X

X

Root vegetables (turnips, carrots, radishes, beets,
rutabaga, etc)

X

X

X

Except for sweet corn / corn on the cob, when the
commodity is sold in pre-package form, the sale by count is limited to a
maximum of six.

(B)
Marking
requirements for shipping containers. If two or more measure containers are
placed in a shipping package, the crate or package shall show the number of
measure containers and the quantity of contents of each.

(C)
Bread kept,
offered, or exposed for sale, whether or not packaged or sliced, shall be sold
by weight. The wrappers of bread that are sold and expressly represented at the
time of sale as "stale bread" shall not be considered packages for labeling
purposes.

(E)
Butter, oleomargarine, margarine, butter-like
and/or margarine-like spreads shall be offered and exposed for sale and sold by
weight.

"Butter-like and/or margarine-like spreads" are those products
that meet the Federal Standard of Identity for butter or margarine,
21 CFR 130.6 (1977) and oleomargarine,
21 CFR 166.110 (1998), except that they contain less
than eighty per cent fat and may contain other safe and suitable
ingredients.

(G)
In combination with other foods. When meat,
poultry, fish, or seafood is combined with some other food element to form a
distinctive food product, the quantity representation may be in terms of the
total weight of the product or combination. A quantity representation need not
be made for each element.

(1)
Processed clams, mussels,
oysters, and other mollusks on the half-shell (fresh or frozen) shall be sold
by net weight excluding the weight of the shell.

(2)
Canned (heat-processed) mussels, clams,
oysters, and other mollusks shall be sold by net weight. A maximum of forty-one
per cent free liquid by weight is permitted for canned oysters.

(3)
Fresh oysters, clams, mussels, and other
mollusks removed from the shell shall be sold by weight, drained weight or by
fluid volume. For oysters sold by weight or by volume a maximum of fifteen per
cent free liquid by weight is permitted.

(4)
Whole clams, oysters, mussels, and other
mollusks in the shell (fresh or frozen) shall be sold by weight (including the
weight of the shell, but not including the liquid or ice packed with them), dry
measure (e.g., bushel), and/or count. In addition, size designations may be
provided.

(5)
Whole clams,
oysters, mussels, and other mollusks on the half shell (fresh, cooked, smoked,
or frozen, with or without sauces or spices added) shall be sold by weight
(excluding the weight of the shell) or by count. Size designations may also be
provided.

(6)
Shellfish not
included under this rule may be sold by weight, measure, and/or
count.

(I)
Fluid milk products. All fluid milk products
including but not limited to milk, lowfat milk, skim milk, cultured milks, and
cream shall be sold in terms of volume.

(J)
Other milk
products. Cottage cheese, cottage cheese products, and other milk products that
are solid, semi-solid, viscous, or a mixture of solid and liquid, as defined in
the pasteurized milk ordinance of the U.S. department of health and human
services, 21 CFR 131 (2003 revision) incorporated herein by reference, shall be
sold in terms of weight.

(K)
Factory-packaged
and hand-packed ice cream and similar frozen products. Ice cream, ice milk,
frozen yogurt, and similar products shall be kept, offered, or exposed for
sale, or sold in terms of fluid volume.

(L)
Pelletized ice
cream and similar pelletized frozen desserts. A semi-solid food product
manufactured at very low temperatures using a nitrogen process and consisting
of small beads of varying sizes. Bits of inclusions, such as cookies and candy
that also vary in size and weight may be mixed with the pellets. Packaged
pelletized ice cream or similar pelletized frozen desserts shall be kept,
offered, or exposed for sale on the basis of net weight.

(M)
Pickles. The declaration of net quantity of contents on pickles and pickle
products, including relishes, but excluding one or two whole pickles in a
transparent wrapping which may be declared by count, shall be expressed in
terms of liquid measure. Sales of pickles from bulk may be by count.

(1)
Total price computing: The price of bulk
food commodities or food commodities not in package form and sold by weight
shall be computed in terms of whole units of weight (i.e., pounds, ounces,
grams, kilograms, etc.) and not in common or decimal fractions.

(2)
Unit price advertising: The price of bulk
food commodities or food commodities not in package form and sold by weight
shall be advertised or displayed in terms of whole weight units of pounds or
kilograms only, not in common or decimal fractions or in ounces. A supplemental
declaration in common or decimal fractions or in ounces, in print no larger
than the whole unit price, is permitted.

(O)
Generic terms for
meat cuts. A declaration of identity for meat cuts shall be limited to generic
terms, such as those listed in the "Uniform Retail Meat Identity Standards"
(2012) .

The following abbreviations may be used:

BAR B Q

(barbecue).

POT-RST

(pot roast).

BI

(bone in).

RND

(round).

BNLS

(boneless).

RST

(roast).

DBLE

(double).

SHLDR

(shoulder).

LGE

(large).

SQ

(square).

N.Y. (NY)

(new york).

STK

(steak).

PK

(pork).

TRMD

(trimmed).

(P)
Sale of meat by
carcass, side, primal cut, or any single sale of meat or poultry in excess of
fifty pounds. The seller of a carcass side, quarter, primal cut, or a single
sale of meat or poultry in excess of fifty pounds on a gross or hanging weight
basis shall provide to the buyer a written statement giving the following
information at the times indicated.

(c)
The total net weight
of the meat or poultry delivered; or a list, by name and count, of each cut
derived from each primal cut with the net weight of each cut, packages, groups
of packages, or individual boxes; and

(d)
A separate indication of the quantity of
any meat or other commodity received by the purchaser as an inducement in
connection with the purchase of the carcass, side, primal cut, meat, or
poultry.

(a)
"Beef carcass." A beef
carcass consists of four quarters from a single carcass derived from splitting
the carcass down the backbone into two sides. The forequarters are separated
from the hindquarters by a cut following the natural curvature between the
twelfth and thirteenth ribs, the thirteenth ribs remaining with the
hindquarters. The diaphragm may be removed, but if not removed, the membranous
portion shall be removed close to the lean. The thymus gland and the heart fat
shall be closely removed.

(b)
"Beef
side." The side shall consist of one matched forequarter and hindquarter from
the beef carcass.

(c)
"Beef
forequarter." The forequarter is the anterior portion of the side after
severance from the hindquarter as described in the definition for beef
carcass.

(d)
"Beef hindquarter."
The hindquarter is the posterior portion of the side after severance from the
forequarter, as described in the definition for beef carcass.

(4)
Exemptions: This rule shall
not apply to the sale of any carcass, side, quarter, or primal cut of meat or
poultry that individually or collectively has a gross or hanging weight of
fifty pounds or less, the custom sale when the seller is charging only for
processing and not the meat or poultry, or the sale of any carcass, side,
quarter or primal cut of meat or poultry by a farmer when the farmer is not the
processor.

(1)
Ready-to-eat food sold from bulk, or in
single servings packed on the premises, may be sold by weight, measure, or
count (count includes servings). If sold by weight, ready-to-eat frozen dairy
products such as ice cream, ice milk and frozen yogurt must be offered,
exposed, or advertised for sale in ounces or pounds.

(2)
Definition: "Ready-to-eat food" is
restaurant-style food offered or exposed for sale, whether in restaurants,
supermarkets, or similar food service establishments, that is ready for
consumption, though not necessarily on the premises where sold.

(3)
Exemptions: Ready-to-eat food does not
include sliced luncheon products, such as meat, poultry, or cheese when sold
separately.

(c)
The price of the food and non-food items of the home
food service plan;

(d)
The service charge or the price of any service charges
associated with the home food service plan;

(e)
The total price
of the home food service plan, including the price of the food and non-food
items, and the price of any service charge; and

(f)
A statement that
the buyer shall have the right to cancel the home food service plan contract
until midnight of the third business day after the date in which the buyer
executed the contract, or after the day in which the seller provided the buyer
with a fully executed copy of the contract, whichever is later, by giving
written notice of the cancellation to the seller. Compliance with requirements
of federal statutes, rules, or regulations governing form of notice of right of
cancellation shall be deemed satisfactory notice of the requirements of this
rule.

(2)
In addition to paragraph (R)(1) of this rule, the
following disclosures are required to be given to the buyer at the time of
sale:

(a)
A
written list of all food and non-food items to be sold, which shall
include:

(i)
The
identity of each unit and, where applicable, the United States department of
agriculture quality grade of the items, if so graded;

(v)
The estimated serving size by net weight of each piece
of meat, poultry, and seafood item offered for sale under the home food service
plan, provided, however, that such estimates shall not differ from the actual
weight at the time of delivery by more than five per cent and the dollar value
of the meat, poultry, and seafood items delivered is equal to or greater than
that represented to the buyer; and

(vi)
The net weight,
measure, or count of all other food and non-food items offered for
sale.

(b)
A current unit price list stating in dollars and cents
the price per kilogram or pound or other appropriate unit of measure, and the
total sale price of each item to be delivered. This price list shall clearly
and conspicuously make reference to the fact of whether there are additional
costs disclosed in the written agreement relating to any service charges
associated with the purchase of the home food service plan.

(c)
If a membership
is sold, a written statement of all terms, conditions, benefits, and privileges
applicable to the membership.

(d)
If a service
charge is included, a written statement specifically identifying the service(s)
provided and the price(s) charged for them.

(S)
At the
time of delivery, the seller shall provide a receipt, for signature by buyer,
disclosing the following information:

(1)
The identity of
the item and the net quantity of the contents in terms of either weight,
measure, or count, as required by applicable law. The net weight of each food
item delivered shall be within the limit specified in this rule;
and

(2)
The unit price and total sale price of each food and
non-food item. The unit price shall be the same as that specified on the unit
price list given to the buyer at the time of sale.

(4)
Packages subject to the Federal Fair
Packaging and Labeling Act must be labeled in inch-pound units of measure.
Metric units may also be declared on the principal display panel and may even
appear first.

(B)
Coatings. Asphalt paints, coatings, and plastics shall be sold in terms of
liquid measure.

(C)
Fireplace and
stove wood. For the purpose of this rule, this paragraph applies to the sale of
all wood, natural and processed, for use as fuel or flavoring.

(a)
"Fireplace and stove wood." Any kindling
logs, boards, timbers, or other wood, split or not split, advertised, offered
for sale, or sold as fuel.

(b)
"Cord." The amount of wood that is contained in a space of one hundred
twenty-eight cubic feet, when the wood is ranked and well stowed. For the
purpose of this rule, "ranked and well stowed" shall be construed to mean that
pieces of wood are placed in a line or row, with individual pieces touching and
parallel to each other, and stacked in a compact manner.

(c)
"Representation." A
representation shall be construed to mean any advertisement,
offering, invoice, or the like that pertains to the sale of fireplace or stove
wood.

(d)
Stove wood
pellets or chips. Pellets or chips not greater than fifteen cm (six inches) in
any dimension shall be sold by weight. This requirement does not apply to
flavoring chips.

(e)
Flavoring chips. Any kindling, logs, boards, timbers, or other natural or
processed, split or unsplit wood that is advertised, offered for sale, or sold
for flavoring smoked or barbequed foods.

(2)
Identity: A representation may include a
declaration of identity that indicates the species group. (Example: fifty per
cent hickory, forty per cent oak, ten per cent ash.) Such a representation
shall indicate, within ten per cent accuracy, the percentages of each
group.

(3)
Quantity: Wood of any type used as fuel may be advertised,
offered for sale, and sold by measure, weight, and count, insofar as the wood
advertised, offered for sale, and sold by measure
shall use the term "cord" and fractional parts of a cord or the cubic meter;
except that:

(a)
Natural or processed wood offered for sale in package
form shall display the quantity in terms of cubic feet and include fractions of
cubic feet, or cubic meters and include decimal fractions of cubic
meters.

(b)
A single log shall be sold by weight. Packages of
individuals logs containing less than four cubic feet (one thirty-second of a
cord), if sold by inch-pound volume, may be sold by net weight plus
count.

(c)
Wood advertised, offered for sale, and sold by weight
shall be sold in terms of price per ton, the sale based on a net weight
determined using an appropriate scale sealed by a weights and measures
inspector. In no case shall a scale be used for net loads that weigh less than
fifty minimum divisions.

(4)
Prohibition of terms: The terms "face
cord," "rack," "pile," "rick," "truckload," or terms of similar import shall
not be used when advertising, offering for sale, or selling wood for use as
fuel.

(5)
Delivery ticket or sales
invoice: A delivery ticket or sales invoice shall be presented by the seller to
the purchaser whenever any nonpackaged fireplace or stove wood is sold. The
delivery ticket or sales invoice shall contain at least the following
information:

(f)
The identity in the most descriptive
terms commercially practicable, including any quality representation made in
connection with the sale.

(D)
Peat and peat moss applies only with
respect to organic matter of geological origin, excluding coal and lignite,
originating principally from dead vegetative remains through the agency of
water in the absence of air and occurring in a bog, swampland, or marsh, and
containing an ash content not exceeding twenty-five per cent on a dry-weight
basis (dried in an oven at one hundred five degrees centigrade or two hundred
twenty-one degrees Fahrenheit until no further weight loss can be determined).

(1)
Declaration of quantity: The declaration
of quantity of peat and peat moss shall be expressed in weight units or in
cubic measure units.

(a)
Weight: Peat and peat moss sold in terms
of weight shall be offered and exposed for sale only in pounds and/or
kilograms.

(b)
Cubic measure: Peat
and peat moss sold in terms of cubic measures shall be offered and exposed for
sale only in cubic feet and/or liters. If the commodity is labeled in terms of
compressed cubic measurement, the quantity declaration shall represent the
quantity in the compressed state and the quantity from which the final product
was compressed (the latter declaration not exceeding the actual amount of
material that can be recovered).

(E)
Prefabricated utility buildings. These
buildings shall be offered for retail sale on the basis of usable inside space
as follows:

(2)
Width, measured from the inside surface
of wall panels at the base;

(3)
Height, measured from the base to the top of the shortest wall panel. Inside
dimensions in inch-pound units shall be declared to the nearest inch; inside
dimensions in metric units shall be declared to the nearest one-hundredth of a
meter.

If total usable inside space is declared in a supplemental
declaration, it shall be to the nearest cubic decimeter or cubic foot.

(F)
Roofing and roofing
material shall be sold either by the square, or by the square foot only if sold
in inch-pound units, or by the square meter only if sold in metric units.

(a)
Square meter: The term "square meter"
shall mean the quantity of roofing or roofing material that, when applied
according to the directions or instructions of the manufacturer, will cover one
square meter exclusive of side laps or side joints.

(b)
Square: The term "square" shall mean the
quantity of roofing or roofing material that, when applied according to the
directions or instructions of the manufacturer, will cover an area of one
hundred square feet exclusive of side laps or side joints; provided, that, in
the case of roofing or roofing material of corrugated design, the side lap or
side joint shall be one full corrugation.

(c)
Square foot: The term "square foot" shall
mean the quantity of roofing or roofing material that, when applied according
to the directions or instructions of the manufacturer, will cover one square
foot (one hundred forty-four inches) exclusive of side laps or side
joints.

(2)
Declaration
of quantity: When the declaration of quantity on a package of roofing or
roofing material contains the term "square," it shall include, plainly and
conspicuously, a numerical definition of the term "square." For example, "one square covers one hundred
square feet of roof area."

(a)
Common
fractions. The use of the common fraction "one-third" is specifically
authorized in the quantity statement of a package of roofing or roofing
material when, and only when, used as the common fraction of the
"square."

(b)
Quantity statement.
The primary declaration, if in inch-pound units, shall only be in terms of
squares or square feet, and if in metric units shall only be in terms of square
meters. There is no prohibition against the use of supplementary quantity
declarations, such as shingle dimensions, but in no case shall the weight of
the material be stated or implied. However, the use of numerical descriptions
for rolls of felt roofing material may continue to be used.

(G)
Sealants. Calking
compounds, glazing compounds, and putty shall be sold in terms of liquid
measure, except that rope calk shall be sold by weight.

(3)
Quantity: Sod shall be advertised,
offered for sale, and sold by measure or by a combination of count and measure
as follows.

(a)
Turf sod: Turf sod shall be
advertised for sale and sold in terms of the square meter, square foot, or
square yard, as appropriate.

(b)
Turf plugs: Turf plugs shall be advertised for sale and sold in terms of count,
combined with a statement of the plug diameter.

(c)
Turf sprigs: Turf sprigs shall be
advertised for sale and sold in terms of the liter or bushel.

(I)
Softwood lumber
applies to softwood boards, timbers, and dimension lumber that have been
dressed on four sides, but shall not apply to rough lumber, to lumber that has
been matched, patterned, or shiplapped, or to lumber remanufactured or joined
so as to have changed the form or identity, such as individual assembled or
packaged millwork items.

(a)
"Dressed (surfaced) lumber" means lumber
that has been dressed (or surfaced) for the purpose of attaining smoothness of
surface and uniformity of size.

(b)
"Boards" mean lumber one and one-quarter
inches or less in actual thickness and one and one-half inches or more in
actual width. Lumber less than one and one-half inches in actual width may be
classified as strips.

(d)
"Dimension lumber" means lumber from one and one-half inches to, but
not exceeding, four and one-half inches in actual thickness, and one and
one-half inches or more in actual width. Dimension lumber may be classified as
framing, joists, planks, rafters, studs, small timbers, etc.

(e)
"Rough lumber" means lumber
that has not been dressed but that has been sawed, edged, and trimmed at least
to the extent of showing saw marks in the wood on the four longitudinal
surfaces of each piece for its overall length.

(f)
"Matched lumber" means lumber
that has been worked with a tongue on one edge of each piece and a groove on
the opposite edge to provide a close tongue-and-groove joint by fitting two
pieces together; when end-matched, the tongue-and-groove are worked in the ends
also.

(g)
"Patterned lumber" means lumber
that is shaped to a pattern or a molded form, in addition to being dressed,
matched, or shiplapped, or any combination of these workings.

(h)
"Shiplapped lumber" means lumber
that has been worked or rabbeted on both edges of each piece to provide a
close-lapped joint by fitting two pieces together.

(j)
"Species" means the commercial name assigned
to a species of trees.

(k)
"Species
group" means
the commercial name assigned to two or more individual species having
similar characteristics.

(l)
"Representation" means any
advertisement or invoice that pertains to
the sale of lumber.

(m)
"Minimum
dressed sizes (width and thickness)" means the standardized width and thickness at
which lumber is dressed when manufactured in accordance with the "U.S.
Department of Commerce Voluntary Product Standard 20 -90 (1999) -, American
Softwood Lumber Standard," and regional grading rules conforming to VPS 20-90
(1999) (see table 1), both of which are incorporated herein by
reference.

(2)
Identity:
Advertisements shall include a declaration of identity that specifies the grade
or grades, and species or species group and whether the lumber is unseasoned
(green) or dry.

(3)
Quantity:
Representations shall be in terms of the number of pieces, the minimum dressed
width and thickness, the length of individual pieces, or the lineal footage,
except that:

(a)
The use of recognized nominal
dimensions, such as but not limited to those specified in table 1, shall be
allowed in lieu of the minimum dressed sizes.

Table 1. Soft Lumber Sizes

Minimum standard dressed sizes at the time of
manufacture for both unseasoned (green) and dry lumber as published by the U.S.
Department of Commerce in Product Standard 20-70.

Minimum Dressed Sizes

(see note 2)

Product Classification (Nominal size)

Unseasoned

Dry

Inches

Inches

Inches

Dimension Lumber

2x4

1-9/16 x 3-9/16

1-1/2 x 3-1/2

2x6

1-9/16 x 5-5/8

1-1/2 x 5-1/2

2x8

1-9/16 x 7-1/2

1-1/2 x 7-1/4

2 x 10

1-9/16 x 9-1/2

1-1/2 x 9-1/4

2 x 12

1-9/16 x 11-1/2

1-1/2 x 11-1/4

(see note 1)

Board Lumber

1x4

25/32 x 3-9/16

3/4 x 3-1/2

1x6

25/32 x 5-5/8

3/4 x 5-1/2

1x8

25/32 x 7-1/2

3/4 x 7-1/4

1 x 10

25/32 x 9-1/2

3/4 x 9-1/4

1 x 12

25/32 x 11-1/2

3/4 x 11-1/4

Note 1: The dry thickness of nominal three-inch and four-inch
lumber are two and one-half inches and three and one-half inches; unseasoned
thicknesses are two and nine-sixteenths inches and three and nine-sixteenths
inches. Widths for these thicknesses are the same as shown in table 1.

Note 2: "Product standard 20-19 (1999) defines dry lumber as
being nineteen per cent or less in moisture content and unseasoned lumber as
being over nineteen per cent in moisture content. The size of lumber changes
approximately one per cent for each four per cent change in moisture content.
Lumber stabilizes at approximately fifteen per cent in moisture content under
normal use conditions.

(J)
Carpeting. Anyone who sells carpeting
shall provide the purchaser with written statements at the time of sale giving
the following information:

(5)
The price per square foot if sold in inch-pound units, or the price per square
meter if sold in metric units, and the total price.

(K)
Hardwood lumber. Sales of hardwood lumber
measured after kiln drying shall be quoted, invoiced, and delivered on the
basis of net board footage, with no addition of footage for kiln-drying
shrinkage. Sales of hardwood lumber measured prior to kiln drying shall be
quoted, invoiced, and delivered on the basis of net board footage before kiln
drying. If the lumber is to be kiln-dried at the request of the purchaser, the
kiln-drying charge shall be clearly shown and identified on the quotation and
invoice. Retail sales of surfaced, kiln dried hardwood lumber is permissible by
board footage, lineal footage or in terms of the number of pieces.

(L)
Polyethylene products. Consumer and
nonconsumer products offered and exposed for sale shall be sold in terms of:

(6)
Declaration of weight: A labeled
statement of weight for polyethylene sheeting and film and polyethylene bags
not intended for the retail consumer shall not be less than the weight
calculated by using the following formula

W = T x A x 0.03613 x D, where:

W = net weight in pounds;

T = nominal thickness in inches;

A = nominal length in inches times nominal width in
inches;

D = density in grams per cubic centimeter as determined by the
"American society for testing materials, D1505-03, vol. 15.05(2004) standard
method of test for density of plastics by the density gradient technique". In
the foregoing equation, 0.03613 is a factor for coverting g/cm (3) to lb/in
(3).

(1)
Packaged loose-fill insulation
except cellulose: Packaged loose-fill insulation, except cellulose, shall
declare the net weight with no qualifying statement; each package must contain
at least the stated weight. In addition, the following information shall be
supplied on the package: minimum thickness, maximum net coverage area, number
of bags per thousand square feet, and minimum weight per square foot at
R-values of eleven, nineteen, and twenty-two. This information shall also be
supplied for any additional R-values listed.

(2)
Packaged loose-fill cellulose insulation:
The principal display panel of packaged loose-fill cellulose insulation shall
declare the net weight with no qualifying statement; each package must contain
at least the stated weight. In addition, the following information shall be
supplied on the package: minimum thickness, maximum net coverage area, number
of bags per one hundred square feet, and minimum weight per square foot at
R-values of thirteen, nineteen, twenty-four, thirty-two and forty. This
information shall also be supplied for any additional R-values listed.

(3)
Batt and blanket insulation:
The principal display panel of packaged batt or blanket insulation shall
declare the square feet of insulation in the package, and the length and width
of the batt or blanket. In addition, R-value and thickness shall be declared on
the package.

(4)
Installed
insulation: Installed insulation must be accompanied by a contract or receipt.
For all insulation except loose fill and aluminum foil, the receipt must show
the coverage area, thickness, and R-value of the insulation installed. For
loose fill, the receipt must show those three items plus the number of bags
used. For aluminum foil, the receipt must show the number and thickness of air
spaces, the direction of heat flow and R-value. The receipt must be dated and
signed by the installer. Example: "This is to certify that the insulation has
been installed in conformance with the requirements indicated by the
manufacturer to provide a value of R-19 using thirty-one and a half bags of
insulation to cover fifteen hundred square feet area."

(N)
Solid fuel products. Anthracite,
semi-anthracite, bituminous, semi-bituminous, or lignite coal, and any other
natural, manufactured, or patented fuel, not in liquid or gaseous form, except
fireplace and stove wood, shall be offered, exposed for sale, or sold by net
weight when in package form.

(1)
Allowable difference: The allowable
difference between the actual tare weight and the stamped tare weight for a new
or used cylinder shall be one per cent of the actual tare weight. The tare
weight shall include the weight of the cylinder (including paint), valve, and
other permanent attachments. The weight of a protective cap shall not be
included in tare or gross weights.

(2)
Average requirement: The tare weights of
cylinders at a single place of business found to be in error predominantly in a
direction favorable to the seller and near the allowable difference limit shall
be considered to be not in conformance with these requirements.

(1)
"Precious metals": Gold, silver, platinum, or any item composed partly or
completely of these metals or their alloys and in which the market value of the
metal in the item is principally the gold, silver, or platinum
component.

(2)
Quantity: The unit
of measure and the method of sale of precious metals, if the price is based in
part or wholly on a weight determination, shall be either troy weight or metric
weight. When the measurement or method of sale is expressed in metric weight
units, a conversion chart to troy units shall be prominently displayed so as to
facilitate price comparison. The conversion chart shall also display a table of
troy weights indicating grains, pennyweights, and troy ounces.

(1)
Definition: "Mulch" means any product or
material except peat or peat moss that is advertised, offered for sale, or sold
for primary use as a horticultural above-ground dressing; for decoration,
moisture control, weed control, erosion control, temperature control, or other
similar purposes.

(2)
Quantity: All
mulch shall be sold, offered, or exposed for sale in terms of volume measure;
in inch-pound units in terms of the cubic yard or cubic foot; in metric units
in terms of the cubic meter or liter.

(R)
Kerosene. All kerosene kept, offered,
exposed for sale, or sold shall be identified as such and will include, with
the word "kerosene," an indication of its compliance with the standard
specification adopted by the "American Society for Testing and Materials,
Specification Number D-3699" , volume 15.02(2003) in effect on the effective
date of this rule and incorporated herein by reference.

Documentation for dispenser labeling purposes: The retailer
must be provided, at the time of delivery of the fuel, on an invoice, bill of
lading, shipping paper, or other documentation, the presence and maximum amount
of ethanol, methanol, or any combination of ethanol/methanol (in terms of per
cent by volume) contained in the fuel. This documentation is only for dispenser
labeling purposes; it is the responsibility of any potential blender to
determine the total oxygen content of the motor fuel before blending.

(1)
Quantity: All liquefied
petroleum gases, including but not limited to propane, butane, and mixtures
thereof, shall be kept, offered, exposed for sale, or sold by the pound,
metered cubic foot of vapor (defined as one cubic foot at sixty degrees
Fahrenheit), or cubic meter, or the gallon (defined as two hundred thirty-one
cubic inches at sixty degrees Fahrenheit). All metered sales by the gallon,
except those using meters with a maximum rated capacity of twenty gallons per
minute or less, shall be accomplished by use of a meter and device that
automatically compensates for temperature.

(2)
Sale by weight; marking required: When
liquefied petroleum gas is sold or offered for sale at retail by weight, in
portable containers, the tare weight of the container shall be plainly and
conspicuously marked on the outside of the container or on a label firmly
attached thereto. Tare weight shall not be construed to include the valve
protecting cap, which shall be removed when weighing. It is unlawful to sell or
offer or expose for sale liquefied petroleum gas in packages or containers
which do not bear a statement as to tare weight as required by this paragraph,
or which packages or containers bear a false statement as to tare weight,
provided packages intended to be used only once and clearly marked with the
statement "not refillable" are exempt from this tare weight
requirement.

(3)
Refilling; credit:
Liquefied petroleum gas, when sold by refilling of a container or an exchange
of containers (the vendor shall give the purchaser full credit for the unused
liquid remaining in a container being exchanged or refilled). Exempt from this
requirement are all lift truck motor fuel cylinders, one-hundred-pound
cylinders used for construction purposes, and any cylinders less than forty
pounds that are exchanged rather than refilled when the purchaser is notified
that no refilling credit will be given. This notification shall be accomplished
by way of an appropriate sign or written agreement.

(4)
Service charge and unit price: If the
vendor charges the purchaser for the labor involved in refilling a container of
one hundred pounds or less, the vendor must display the amount of the service
charge and the unit price at which the product is offered for sale. The service
charge and unit price shall be conspicuously displayed so it may be observed
from some reasonable customer position.

(5)
Delivery ticket or sales invoice: An
invoice shall be submitted to the purchaser showing the quantity of liquefied
petroleum gas sold, expressed in pounds, gallons, cubic feet, or other unit
approved by the department of agriculture and the unit price of the product.
When vapor meters reading in approved units other than cubic feet are used, the
invoice shall clearly indicate to the purchaser a factor to convert to gallons.
When a nonautomatic temperature-compensated meter is used, all retail or
wholesale sale tickets shall show metered gallons, the temperature of the
product at the time of delivery and the corrected gallonage to sixty degrees
Fahrenheit. When an automatic temperature-compensated meter is used, all retail
or wholesale sale tickets shall show the metered gallonage corrected to sixty
degrees Fahrenheit.

(1)
Packaged animal
bedding of all kinds, except for baled straw, shall be sold by volume, that is,
by cubic meter, liter, or milliliter and by the cubic yard, cubic foot, or
cubic inch. If the commodity is packaged in a compressed state, the quantity
declaration shall include both the quantity in compressed state and the usable
quantity that can be recovered. Compressed animal bedding shall not include
pre-compression volume statements.

(2)
Exemption for
non-consumer packages sold to laboratory animal research industry. Packaged
animal bedding consisting of granular corncobs and other dry (eight per cent or
less moisture), pelleted, and/or non-compressible bedding materials that are
sold to commercial (non-retail) end users in the laboratory animal research
industry (government, medical, university, pre-clinical, pharmaceutical,
research, biotech, and research institutions) may be sold on the basis of
weight.

(W)
Wiping cloths. Wiping cloths shall be sold by net
weight or by count plus size of wiping cloths. When sold by count plus size,
and the wiping cloths are of assorted sizes, the term "irregular dimensions"
and the minimum size of such cloths must be declared. The gross weight may not
be printed on any package, either consumer or non-consumer.

(X)
Blaer twine.
Blaer twine shall be sold on the basis of length in meters or feet, and net
mass or weight by kilograms or pounds.

(b)
Basis weight: "Basis
weight" as used in this regulation for labeling shall mean the grade, category,
or identity of the paper determined according to the latest version of American
society for testing and materials standard method D646 (2001) for "grammage of
paper and paperboard." Basis weight is used as a standard of identity and is
not considered a et weight declaration.

(2)
Method of sale. All packaged
communication paper kept, offered, or exposed for sale and sold at retail shall
be sold in terms of sheet length, weight and count.

(3)
Labeling. Communication paper in package
form shall bear a label that includes a declaration of quantity, in terms of
sheet length and width and count, in the lower 30 percent of the principal
display panel and declaration of identity including the basis weight, and may
include such other information as grain direction, color, brightness, printed
lines, and hole punch information. Due to the variation in basis weight in
manufacturing and analysis declared on the label shall correspond to the basis
weight declared by the original manufacturer.

(BB)
Sand, rock, gravel, stone, paving stone, and similar materials kept, offered,
or exposed for sale in bulk must be sold as:

(1)
Top-soil, fill dirt, aggregate or chipped
rock, sand (including concrete and mortar sand), decomposed granite, landscape
type rock, and cinders must be sold by the cubic meter or cubic yard or by
weight.

(A)
Presentation of
price. Whenever an advertised, posted, or price per unit of weight, measure, or
count for any commodity includes a fraction of a cent, all elements of the
fraction shall be prominently displayed, and the numerals expressing the
fraction shall be immediately adjacent to, of the same general design and style
as, and at least one-half the height and width of the numerals representing the
whole cent.

(B)
Allowable
differences: combination quantity declarations. Whenever the method of sale for
a bulk or packaged commodity requires the use of a statement that includes
count in addition to weight, measure, or size, the following shall apply to the
particular commodity. For pressed and blown tumblers and
stemware, the
allowable difference between actual and declared capacity shall be:

The requirement for product identity and net quantity can be
met either by display of the package or by information posted on the outside of
the machine. Packaged products dispensed from a machine must meet the
requirements of rules
901:6-3-01 to
901:6-3-12 of the
Administrative Code.

(D)
Railroad car tare weights. Whenever
stenciled tare weights on freight cars are employed in the sale of commodities
or the assessment of freight charges, the following conditions and requirements
shall apply:

(1)
All newly stenciled or
restenciled tare weights shall be accurately represented to the nearest one
hundred pounds for inch-pound units and to the nearest fifty kilograms for
metric units, and the representation shall include the date of
weighing.

(2)
The allowable
difference between actual tare weight and stenciled tare weight on freight cars
in use shall be as follows.

(3)
Tare weight determinations for
verification or change of stenciled weights shall only be made on properly
prepared and adequately cleaned freight cars.

(4)
Tank cars, covered hopper cars, flat cars
equipped with multideck racks or special superstructure, mechanical
refrigerator cars, and house-type cars equipped with special lading protective
devices must be reweighed and restenciled only by owners or their authorized
representatives: